Notice2024-12343
Polyethylene Terephthalate Resin From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that OCTAL SAOC FZC (OCTAL), the sole respondent subject to this administrative review of the antidumping duty (AD) order on polyethylene terephthalate resin (PET resin) from the Sultanate of Oman (Oman), did not make sales of subject merchandise at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. Interested parties are invited to comment on the preliminary results of this administrative s review.
Full Text
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<title>Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)</title>
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[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48153-48155]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12343]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that OCTAL SAOC FZC (OCTAL), the sole respondent subject to
this administrative review of the antidumping duty (AD) order on
polyethylene terephthalate resin (PET resin) from the Sultanate of Oman
(Oman), did not make sales of subject merchandise at less than normal
value (NV) during the period of review (POR) May 1, 2022, through April
30, 2023. Interested parties are invited to comment on the preliminary
results of this administrative s review.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-3518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Based on timely requests for review, in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), on July
6, 2023, Commerce initiated an administrative review of the AD order on
PET resin from the Oman with respect to OCTAL covering the POR.\1\ On
January 24, 2024, Commerce extended the deadline for these preliminary
results to May 30, 2024.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44267 (July 12, 2023)
(Initiation); see also Certain Polyethylene Terephthalate Resin from
Canada, the People's Republic of China, India, and the Sultanate of
Oman: Amended Final Affirmative Antidumping Determination (Sultanate
of Oman) and Antidumping Duty Orders, 81 FR 27979 (May 6, 2016)
(Order). While Commerce initiated this administrative review with
respect to OCTAL and OCTAL Inc., OCTAL Inc. is OCTAL's affiliated
U.S. importer, and as such, Commerce should not have included OCTAL
Inc. in the Initiation. See OCTAL's Letter, ``Section A Response of
OCTAL SAOC-FZC,'' dated September 5, 2023, at 8.
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
24, 2024.
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For a complete description of the events that followed the
initiation of this review, see the accompanying Preliminary Decision
Memorandum.\3\ A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an appendix to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Polyethylene Terephthalate Resin from the Sultanate of
Oman,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is PET resin having an
intrinsic viscosity of at least 0.70, but not more than 0.88,
deciliters per gram. The merchandise subject to the Order is properly
classified under subheadings 3907.60.00.30, 3907.61.0000, 3907.61.0010,
3907.61.0050, 3907.69.0000, 3907.69.0010, and 3907.69.0050 of the
Harmonized Tariff Schedule of the United States (HTSUS).\4\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise covered by the
Order is dispositive. For a full description of the scope of the Order,
see Preliminary Decision Memorandum.
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\4\ Commerce added HTSUS subheadings 3907.61.0000, 3907.69.0000,
3907.61.0010, 3907.61.0050, 3907.69.0010, and 3907.69.0050 to the
scope after issuing the Order. See Polyethylene Terephthalate Resin
from the Sultanate of Oman: Final Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 75594 (December 9, 2022).
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Methodology
Commerce is conducting this review in accordance with section 751
(a)(1)(B) the Act. We calculated export and constructed export prices
and NV in accordance with sections 772 and 773 of the Act,
respectively. For a full description of the methodology underlying our
preliminary results of review, see the Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following weighted-average dumping margin to
the company listed below for the period May 1, 2022, through April 30,
2023:
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Weighted-average
Producer/exporter dumping margin
(percent)
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OCTAL SAOC FZC..................................... 0.00
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Disclosure
Commerce intends to disclose its calculations for the preliminary
results of review to parties to the proceeding within five days of any
public announcement or, if there is no public
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announcement, within five days of the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Verification
Commerce received a timely request from DAK Americas LLC, Indorama
Ventures USA, Inc., and Nan Ya Plastics Corporation, America
(collectively, the petitioners) to verify the information submitted in
this administrative review, pursuant to 19 CFR 307(b)(1)(iv).\5\
Commerce does not intend to verify the information submitted by the
mandatory respondent in the course of this administrative review.
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\5\ See Petitioners' Letter, ``Petitioners' Verification
Request,'' dated October 18, 2023.
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice in the Federal Register.\6\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\7\ Interested
parties who submit case briefs or rebuttal briefs in this review must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\8\
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\6\ See 19 CFR 351.303 (for general filing requirements).
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\8\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\9\ Further, we
request that interested parties limit their executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final Rule, 88 FR at 67070.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Requests for a hearing should contain: (1) the
requesting party's name, address, and telephone number; (2) the number
of individuals associated with the requesting party that will attend
the hearing and whether any of those individuals is a foreign national;
and (3) a list of the issues that the party intends to discuss at the
hearing. Issues raised in the hearing will be limited to those raised
in the case and rebuttal briefs. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30
days after the date of publication of this notice in the Federal
Register. If a hearing is requested, Commerce will announce the date
and time of the hearing. Parties should confirm the date and time of
the hearing two days before the scheduled hearing date.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.\11\
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\11\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by this review
shall be based on the final results of the review.\12\ Therefore, upon
issuance of the final results of this review, Commerce will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review in accordance with 19 CFR 351.212(b)(1).
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\12\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
We will calculate importer-specific assessment rates for OCTAL, in
accordance with 19 CFR 351.212(b)(1).\13\ Because OCTAL reported
entered values for its sales, we will calculate importer-specific ad
valorem assessment rates for the company by dividing the total amount
of dumping calculated for all reviewed U.S. sales to the importer by
the total entered value of the merchandise sold to the importer.\14\
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\13\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\14\ See 19 CFR 351.212(b)(1).
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Where either OCTAL's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis,\15\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\15\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by an
individually examined respondent were not reported in the U.S. sales
data submitted by the respondent, but the merchandise was entered for
consumption in the United States during the POR, Commerce will instruct
CBP to liquidate any entries of such merchandise at the all-others rate
(i.e., 7.62 percent) \16\ if there is no rate for the intermediate
company(ies) involved in the transaction.\17\
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\16\ See Order, 81 FR at 27982.
\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for OCTAL will be equal to the weighted-average
dumping margin established for the company in the final results of this
review, except if the weighted-average dumping margin
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is less than 0.50 percent, and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), the cash deposit rate will be zero;
(2) for previously investigated or reviewed companies that are not
covered by this review, the cash deposit rate will continue to be the
company's cash deposit rate from the most recently completed segment of
the proceeding in which it was examined; (3) if the exporter is not
covered by this review, and does not have a cash deposit rate from a
completed segment of this proceeding, but the producer of the subject
merchandise does have a cash deposit rate, then the cash deposit rate
will be the producer's cash deposit rate from the most recently
completed segment of the proceeding in which it was examined; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 7.62 percent, the all-others rate established in the
less-than-fair-value investigation.\18\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\18\ See Order, 81 FR at 27982.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(2) and 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-12343 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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